DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Indigenous Pastoral Enterprises Pty Ltd
(AG2016/3419)

NATIONAL INDIGENOUS PASTORAL ENTERPRISE (NIPE) PTY LTD ENTERPRISE AGREEMENT 2016-2020

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 6 JULY 2016

Application for approval of the National Indigenous Pastoral Enterprise (NIPE) Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the National Indigenous Pastoral Enterprise (NIPE) Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Indigenous Pastoral Enterprises Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 6 July 2016 and, in accordance with s.54, will operate from 13 July 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, National Indigenous Pastoral Enterprises Pty Ltd applied for approval of the National Indigenous Pastoral Enterprise (NIPE) Pty Ltd Enterprise Agreement 2016-2020. The applicant is an employer of pastoral workers across the Northern Territory and Western Australia. The dispute arose due to disagreements between the employer and the pastoral workers' union, Australian Workers’ Union, over the terms and conditions of employment outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was made in good faith, whether it met the "better off overall test", and whether it contained the necessary provisions for the protection of employees. Additionally, the Commission had to consider whether the agreement facilitated meaningful negotiation and whether it was procedurally fair. The Commission examined the evidence provided by both parties and assessed whether the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the agreement was made in good faith, as both parties had engaged in genuine and meaningful negotiations. The Commission also determined that the agreement met the "better off overall test", as the employees would be better off with the proposed agreement compared to the existing award. Furthermore, the Commission held that the agreement contained adequate provisions for the protection of employees and facilitated meaningful negotiation. Based on these findings, the Commission approved the National Indigenous Pastoral Enterprise (NIPE) Pty Ltd Enterprise Agreement 2016-2020.

The final orders of the Commission were that the National Indigenous Pastoral Enterprise (NIPE) Pty Ltd Enterprise Agreement 2016-2020 be approved and registered. The agreement was to come into effect from the date of the decision and remain in force for the specified period, until 30 June 2020, subject to the parties' rights to make further applications to vary the agreement in accordance with the Fair Work Act 2009. The Commission's decision provided clarity on the terms and conditions of employment for pastoral workers employed by NIPE, as well as a framework for future negotiations between the employer and the union.

National Indigenous Pastoral Enterprises Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established